When man consider the notion of a collaborative divorce, they are not sure it is worth the effort. Many are concerned whether a resolution can be reached outside of court.
Sometimes, however, settlement is possible. Some might think there is too much discord or disagreement for settlement to be a possibility.
Even when this is the case, a question many ought to consider is why not attempt it? Why not see if it can work before taking you case to court?
When parties are able to settle their divorce by agreement, the likelihood of parties going back to court is minimized according to most research. This is because parties are generally more willing to live by an agreement they consented to versus one imposed by the court system.
In collaborative practice, both parties hire legal counsel who is trained in collaborative law. In addition, the lawyers are members of the International Academy of Collaborative Professionals. The case is taken on a limited scope agreement — which means if the parties cannot settle, they hire different attorneys to litigate the divorce.
Often, collaborative divorce is at least worth an attempt. Why not sit down to try to reach an agreement versus rushing right into court? With the professional assistance of a divorce coach, financial neutral and child custody professional, many can settle when they thought it was impossible.
If settlement fails, there is nothing lost in most circumstances. In high intensity situations, there might be domestic violence. There could be worries that somebody is transferring, encumbering or concealing assets. There may be significant child custody issues that might need to be addressed in court quickly. In these cases, a party may need to litigate their case to protect their interests.
However, if there are not urgent concerns, there is no real harm for most in attempting a collaborative divorce. Most should consider it before rushing into the courtroom where the costs and emotions can quickly escalate.